Court No. - 20 Case :- BAIL No. - 4795 of 2010 Petitioner :- Mohd. Ismaeel Respondent :- State Of U.P. Petitioner Counsel :- Anil Kumar Pandey Respondent Counsel :- Govt. Advocate Hon'ble Raj Mani Chauhan,J.
Counter affidavit and Rejoinder affidavit filed today are taken on
record.
Heard learned counsel for the applicant and learned A.G.A. for
the State as well as perused the record.
The accused-applicant Mohd. Ismaeel is involved and detained in
Case Crime No. 1265/2009, under Sections 8/21/22-C-A of NDPS
Act, from Police Station Loni Katra, District Barabanki and he has
applied for bail.
The submission of learned counsel for the applicant is that accused
applicant along with co-accused Awadhesh Verma was arrested by
the police of police station Haidargarh on 24.12.09 and on search
Awadhesh Verma was found having 40 grams of morphine. The
present accused was found having 300 grams of morphine. One
co-accused namely Hansraj Verma said to have absconded from
the spot. Learned counsel submits that Awadhesh verma has been
ordered to be released on bail who was found in possession of 40
grams of morphine. The sample of recovered morphine from the
possession of the accused applicant was sent to Forensic Science
Laboratory for chemical examination and it was reported that the
sample of morphine recovered from Awadhesh Verma was having
actual content of morphine 7.06%. In this way, the quantity of
morphine found in possession of the accused is actually 22.8
grams which is below the commercial quantity. The accused,
therefore, deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considered the submissions of the learned counsel for the
applicant and the learned Additional Government Advocate.
Keeping in view the actual quantity of morphine alleged to have
been recovered from the possession of the accused applicant,
without expressing any opinion on the merits of the case, accused
applicant may be released on bail.
Let applicant Mohd. Ismaeel be released on bail in aforesaid case
crime number on his furnishing a personal bond with two sureties
each in the like amount to the satisfaction of the court concerned.
Order Date :- 25.6.2010
Kan